Abstract
The emerging consensus on the responsibilities that employers bear toward their employees is traced, through the cases and controversies that brought it into being.
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Notes
- 1.
New York Times editorial, Tuesday, February 17, 1998.
See also the article it is commenting on, by Richard W. Stevenson, ironically entitled “Black-White Economic Gap is Narrowing, White House Says,” Tuesday, February 10, 1998, p. A16.
- 2.
Diane Harris, “How does your pay stack up?” Working Woman February 1996 21(2) p. 27 ff.
- 3.
401 U.S. 424, 91 S.Ct. 849 (1971).
- 4.
Id at 430; emphasis supplied.
- 5.
Id at 436.
- 6.
431 U.S. 324, 97 S.Ct. 1843, 52 L.Ed.2d 396 (1977).
- 7.
490 U.S. 228, 109 S.Ct. 1775 (1989).
- 8.
Id at 1782.
- 9.
See Kenneth Goodpaster's account of this case (Matthews, Goodpaster and Nash, Policies and Persons, McGraw Hill, 2nd edition 1991 pp. 128ff.), and the video of his interview with Bill Lee in 1984 (Harvard Business School Series).
- 10.
United Steelworkers of America, AFL-CIO-CLC vs. Weber, 443 U.S. 193, 99 S.Ct. 2721, 61 L.Ed.2nd 480 (1979).
- 11.
443 U.S. 190, 218.
- 12.
Memphis Firefighters v. Stotts, 104 S. Ct. 2576 (1984).
- 13.
Wards Cove Packing Co. vs. Atonio, 490 U.S. 642, 104 L. Ed. 2d 733, 109 S.Ct. 2115 (1989).
- 14.
See Robert Belton, "The Dismantling of the Griggs Disparate Impact Theory and the Future of Title VII; The Need for a Third Reconstruction," 8 Yale Law and Policy Review 223.
- 15.
Peter Truell, "Morgan Merger Creates Windfall, at Least for Boss," The New York Times, Saturday, February 21, 1998, p. D1.
- 16.
Charles Pillar, "Bosses with X-Ray Eyes," MacWorld, July 1993.
- 17.
"Alternatives to Body Fluid Testing," HR Magazine April 1992, p. 42.
- 18.
David Adams and Edward W. Maine, Business Ethics for the 21st Century, Mountain View CA: Mayfield Publishing Co. 1998. p. 169.
- 19.
See especially Paul Brodeur, Outrageous Misconduct, New York: Pantheon Books, 1984. Also Samuel S. Epstein, "The Asbestos 'Pentagon Papers'", in Mark Green and Robert Massie, Jr., Eds, The Big Business Reader: Essays on Corporate America, New York: Pilgrim Press, 1980. As the cases still wind through the courts, the issue continues.
- 20.
Adams and Maine, Business Ethics for the 21st Century, Mountain View CA: Mayfield Publishing, 1998, p. 417, citing National Law Journal 2/20/95.
- 21.
477 U. S. 57 (1986).
- 22.
114 S.Ct. 367 (1993) For an editorial underscoring this point, see "A Victory on Workplace Harassment," New York Times 11 November 1993.
- 23.
On June 26, 1998, the U.S. Supreme Court handed down a decision making the definition of “sexual harassment” much more precise and specifying the steps a corporation may take to limit its liability. Linda Greenhouse, “Court Spells Out Rules for Finding Sex Harassment: Makes Suits Easier to Win While Giving Employers a Defense,” The New York Times Saturday, June 27, 1998, A1, A10 (excerpts from decision on p. A11).
- 24.
John J. McCall, "Participation in Employment," from Joseph R. DesJardins and John J. McCall, eds Contemporary Issues in Business Ethics, 3rd Edition. Belmont, CA: Wadsworth, 1996.
- 25.
Barnaby Feder, "The Little Project That Couldn't" The New York Times Saturday, February 21, 1998, p. D1.
- 26.
See Alan F. Westin, Whistle Blowing: Loyalty and Dissent in the Corporation, New York: McGraw-Hill, 1981. Classic “whistle-blowing” cases include the accounts of engineer Roger Boisjoly and the explosion of the space shuttle Challenger, of Kermit Vandivier and Goodrich Brakes (Vandivier, “The Aircraft Brake Scandal,” in Robert Heilbroner, In the Name of Profit, Doubleday, 1972, reprinted in Ethical Issues in Business: A Philosophical Approach, ed. Thomas Donaldson and Patricia H. Werhane, Prentice Hall 1979), and of Frank DeCamp and the Pinto. Incidentally, in all these cases, the engineers’ objections did not come to public attention until after the events of which they warned.
- 27.
Norman Bowie, Business Ethics, Englewood Cliffs, NJ: Prentice Hall, 1982. Pp. 142 ff.
- 28.
Marcia Miceli, Janet P. Near, and Charles R. Schwenk, "Who Blows the Whistle and Why?" Industrial and Labor Relations Review 45:113 (October, 1991).
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Newton, L. (2014). Employee Rights and Responsibilities: The Internal Constituencies of Business. In: Business Ethics in the Social Context. SpringerBriefs in Ethics. Springer, Heidelberg. https://doi.org/10.1007/978-3-319-00870-7_2
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